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BUD ANTLE, INC. v. BARBOSA

Nos. 93-15002, 93-15642 and 93-15652.

45 F.3d 1261 (1994)

BUD ANTLE, INC., dba Bud of California, Plaintiff-Appellant, v. J. Antonio BARBOSA, personally and in his official capacity as Executive Secretary of the California Agricultural Labor Relations Board; Bruce J. Janigan, personally and in his official capacity as Chairman of the California Agricultural Labor Relations Board; Ivonne Ramos Richardson, personally and in her official capacity as a member of the California Agricultural Labor Relations Board; and Linda A. Frick, personally and in her official capacity as a member of the California Agricultural Labor Relations Board, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submitted August 29, 1994.

Decided September 9, 1994.

As Amended on Denial of Rehearing January 17, 1995.

Attorney(s) appearing for the Case

Scott A. Wilson, Theodore R. Scott, Littler, Mendelson, Fastiff, Tichy & Mathiason, San Diego, CA, for plaintiff-appellant.

Sharon M. Shiller Hartwell, Gregory L. Hartwell, Hartwell & Hartwell, Sacramento, CA; J. Antonio Barbosa, Executive Secretary, Susan P. Underwood, Sol., Agricultural Labor Relations Bd., Sacramento, CA, for defendants-appellees.

Frederick L. Feinstein, Gen. Counsel, Linda R. Sher, Acting Associate Gen. Counsel, Eric G. Moskowitz, Deputy Asst. Gen. Counsel for Sp. Litigation, Nancy E. Kessler Platt, Atty., N.L.R.B., Washington, DC, for amicus curiae.

Before: CHOY, REINHARDT, and LEAVY, Circuit Judges.

ORDER

The petition for rehearing is denied.

The opinion filed September 9, 1994, 35 F.3d 1355, is ordered amended as follows.

At p. 1361 n. 11, change the first full paragraph to read:

Four of the company's six causes of action potentially involve theories other than Garmon preemption. We conclude that the district court properly dismissed the company's third and sixth causes of action. However, the...

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